Rutgers told to refrain from threatening union organizers

By The Associated Press

01.07.02

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NEWARK, N.J. — A federal judge has found that Rutgers University improperly threatened to fire office cleaners at its Newark campus if they attempted to join a union. He ordered the school to tell the workers they have the right to organize.

The Jan. 4 decision by U.S. District Judge Dickinson R. Debevoise is "an unbelievable victory for worker's rights," said Judy Padow, assistant general counsel for Local 32BJ of the Service Employees International Union.

Debevoise, who is handling a lawsuit filed Dec. 27 by the janitors, issued an injunction barring the school from further violations of worker rights.

He determined that the threats violated the First Amendment and the National Labor Relations Act, causing irreparable harm because they dissuaded organizing efforts and ordered Rutgers to honor workers' rights, Padow said.

In a statement, Rutgers-Newark said, "The misunderstanding in this case arose out of Rutgers supervisor's explanation about the reasons for switching to a new cleaning services company.

"The decision to use a new cleaning company was motivated solely by the university's responsibility as a public institution to manage public funds efficiently," the statement said.

The school also noted it has "productive relationships" with nine different unions representing thousands of university employees.

Debevoise ruled after a daylong hearing in which he heard testimony from some of the janitors that Rutgers officials told them they could lose their jobs if they persisted in organizing.

Rutgers lawyer Irving L. Hurwitz disputed those assertions, and said that even if they are true, the university could not fire the workers since they were employed by an independent contractor.

He called three Rutgers managers to the stand, who denied making such threats.

About 40 of Rutgers' janitors worked for Unicco Services Co., which was replaced Jan. 1 by Control Building Services.

Control has kept the workers, said Lowell Peterson, a lawyer retained for them by Local 32BJ. He said Rutgers, as the "joint employer" of the workers, has the power to fire them.

"The same workers are there, and of course they are terrified," Peterson told the judge.

The workers maintain that Rutgers dumped Unicco because it agreed with the union to raise wages to $9 an hour. The workers also contend that Rutgers managers improperly told the workers they would get a raise of 30 cents an hour, to $7.30, and five vacation days without a union.

The workers got the raise, but get no health benefits, unlike janitors employed directly by the university, who also make $14, Padow said.

Backed by the union, three of the office cleaners sued Rutgers and three of its Newark campus managers, accusing them of illegally interfering with union organization.

Such complaints would normally go to the National Labor Relations Board, but is being handled in federal court because Rutgers is a public institution, union spokesman Denis Johnston said.

The workers and an equal number of supporters rallied outside the federal courthouse before the hearing, including Newark Councilman Luis A. Quintana.

The workers "deserve better from a public university that should be promoting the public good," Quintana said. He said that the school's treatment of the workers would be considered when Rutgers makes requests of the council.